News & Analysis as of

Real Estate Development Mitigation Environmental Impact Report (EIR)

Allen Matkins

The Future of Conservation Easements as Mitigation under CEQA

Allen Matkins on

The California Court of Appeal’s recent decision in V Lions Farming, LLC v. County of Kern provides important clarity on the use of agricultural conservation easements (ACEs) for mitigating the conversion of agricultural land...more

Perkins Coie

Compensatory Mitigation Infeasible for Loss of Historic Building

Perkins Coie on

The Court of Appeal upheld the City’s determination that compensatory mitigation for the loss of a historic building in the form of funding of other historic preservation was not feasible because there were no other buildings...more

Latham & Watkins LLP

California Supreme Court Clarifies Standards for Judicial Review and Air Quality Analyses

Latham & Watkins LLP on

The Sierra Club decision affects both the preparation of EIRs and judicial review of agency decisions certifying EIRs. Key Points: ..An environmental impact report’s (EIR) discussion of potential environmental impacts...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Clarifies Scope of De Novo and Substantial Evidence Standards Of Review In CEQA Cases

In Sierra Club v. County of Fresno (S219783), the California Supreme Court unanimously reaffirmed that the substantial evidence standard of review does not always apply when a lead agency prepares an environmental impact...more

Latham & Watkins LLP

California Supreme Court Clarifies Standard of Review for EIRs and Requirements for Air Quality Impact Analyses

Latham & Watkins LLP on

CEQA Case Report: Understanding the Judicial Landscape for Development - In a published opinion issued December 24, 2018, Sierra Club v. County of Fresno, Case No. S219783, the California Supreme Court determined that an...more

Holland & Knight LLP

Court Upholds San Francisco's CEQA Exemption for Telegraph Hill Project

Holland & Knight LLP on

In Protect Telegraph Hill v. City and County of San Francisco (Sept. 14, 2017 Slip Opinion A148544, unpublished), the First District Court of Appeal upheld the City of San Francisco's determination that rehabilitation of a...more

Alston & Bird

Land Use Matters, Alston & Bird LLP, July 2017

Alston & Bird on

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. ...more

Perkins Coie

California Supreme Court Poised To Decide Key CEQA Questions: The Court’s Lineup For 2015

Perkins Coie on

The California Supreme Court’s involvement in CEQA cases has been relatively limited since he statute’s enactment in 1970, with the court taking  review of at most one or two appellate court decisions a year.  The last two...more

Greenberg Glusker LLP

CEQA Lead Agencies Do Not Waive Defense that CEQA Did Not Apply Despite Proceeding under CEQA

Greenberg Glusker LLP on

Recently, the court in Rominger v. County of Colusa found that a lead agency which approved a mitigated negative declaration for a project, can take the seemingly inconsistent position that the proposed project was not a...more

Allen Matkins

California Environmental Law and Policy Update - October 2014 #4

Allen Matkins on

Environmental and Policy Focus - Groups sue EPA over failure to reduce air pollution: KPCC - Oct 17: Environmental groups have filed a lawsuit in U.S. District Court in San Francisco against the U.S. Environmental...more

Miller Starr Regalia

Some CEQA Reminders From The Third District: Urban Decay Requires Actual Mitigation When Identified By EIR As A Significant...

Miller Starr Regalia on

In a lengthy opinion filed February 28, 2014, and ordered partially published on April 1, 2014, the Third District Court of Appeal reversed the Yolo County Superior Court’s judgment denying a CEQA writ petition challenging...more

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